FINAL EXAM IN CIV REV 1 Total points 70/100

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1. In intestate succession, which of the following statements is not correct? 2/2

The direct line excludes the collateral line.

The direct descending line excludes the direct ascending line.

The surviving spouse excludes all the collateral blood relatives.

The brothers, sisters, nephews and nieces exclude the other collateral blood relatives.

2. If the decedent in intestate succession is illegitimate, who among the 0/2

following relatives of the decedent can inherit with his illegitimate parents?

The legitimate children.

The illegitimate children.

The surviving spouse.

The illegitimate brothers, sisters, nephews and nieces.

3. The decedent, who is illegitimate, died without a will. He left an estate 0/2
worth P1.2 Million. He was survived by the following relatives: 2 illegitimate
children, his surviving spouse, his father and mother, and 2 siblings from the
same father and mother. Distribute the estate.

300,000 to each illegitimate children and 600,000 to the surviving spouse.

300,000 each to his father and mother; 300,000 to the surviving spouse and 150,000
each to the illegitimate children

300,000 each to his father and mother and P600,000 to the surviving spouse.

600,000 to the surviving spouse and 300,000 to each sibling.

4. The decedent, who is illegitimate, died without a will. He left an estate 2/2
worth P1.2 Million. He was survived by the following relatives: his paternal
grandfather, his maternal grandparents, his surviving spouse, 2 full blood
brothers and 2 half blood sisters. Distribute the estate.

200,000 to paternal grandfather; 200,000 each to maternal grandparents; and 600,000

to surviving spouse.

300,000 to paternal grandfather; P150,000 each to maternal grandparents; and

600,000 to surviving spouse.

entire estate goes to the surviving spouse.

600,000 to the surviving spouse; 200,000 each to full blood brothers and 100,000
each to to half blood sisters.
5. The decedent, who is legitimate, died without a will leaving an estate worth 2/2
P1.2 Million. He was survived by his father (F) and mother (M), surviving
spouse (SS), and 2 illegitimate children (ILC). The father was proven to be
incapacitated to inherit from the decedent. Distribute the estate.

300,000 each to F and M; 300,000 to SS; and 150,000 each to ILC.

600,000 to M; 300,000 to SS; and 150,000 each to ILC

450,000 to M; 450,000 to SS; and 150,000 each to ILC.

400,000 to M; 400,000 to SS; and 200,000 each to ILC.

6. In his will, the testator left his entire estate worth P1.2 Million to the 2/2
following heirs, in equal shares: his father (F), mother (M, surviving spouse (SS)
and 2 illegitimate children (ILC). His father was proven to be incapacitated to
inherit. Distribute the estate.

F gets 330,000; M gets 330,000; SS gets 180,000; and ILC gets 180,000 each.

M gets 487,500; SS gets 262,500; and ILC gets 225 each.

M gets 637,500; SS gets 187,500; and ILC gets 187,500 each.

M gets 457,500; SS gets 247,500; and ILC gets 247,500 each.

7. The decedent, who is legitimate, died without a will leaving an estate worth 2/2
P1.2 Million. He was survived by three children (A, B, and C) and 2
grandchildren: X, the child of A; and Y, the child of D, another child of the
decedent who predeceased him. A repudiated his inheritance. Distribute the
inheritance.

400,000 each goes to B and C, in their own right; and 400,000 goes to Y, by
representation.

300,000 each goes to B and C, in their own right; and 300,000 each goes to X and Y, by
representation.

300,000 each goes to B and C, in their own right; P300,000 goes to Y, by

representation; and 100,000 each goes to B, C and D, by accretion.

300,000 each goes to B and C, in their own right; P300,000 goes to Y, by

representation; and 150,000 each to B and C, by accretion.

8. During his lifetime, GF donated a parcel of land to his grandchild, GC, the 2/2
child of GF's son, F. After the donation, GF, F and GC died in succession. Upon
the death of GC, the land was inherited from him by his mother, M. Upon the
death of M, the following are the surviving relatives of GC: his brother, B; his
nephew, N, a child of a deceased sister; his paternal uncle, U, F's brother; his
maternal aunt, A, M's sister; and GM, widow of GF. Who shall be entitled to the
land upon the death of M?

Only B.

B and N.

B, N and U.

Only GM.
9. The decedent, who is legitimate, died without a will leaving an estate worth 2/2
P1.2 Million. He was survived by three children (A, B, and C) and a grandchild Y,
the child of D, another child of the decedent who predeceased him. A was
proven to be incapacitated to inherit from the decedent. Distribute the
inheritance.

400,000 each to B and C, in their own right; and 400,000 to Y, by representation.

300,000 each to B and C, in their own right; 300,000 to Y, by representation; and

100,000 each to B, C and Y, by accretion.

300,000 each to B and C, in their own right; 300,000 to Y, by representation; and

150,000 each to B and C, by accretion.

450,000 each to B and C, in their own right; and 300,000, by representation.

10. The purpose of reserva troncal is to bring back the property to the 2/2
bloodline where it came from. Hence, the following persons are related by
blood, except:

Origin

Prepositus

Reservista

Reservatario
11. In determining the qualifications or capacity of a person to become a 2/2
witness to the execution of a will, the applicable law shall be:

national law of the witness

national law of decedent

law of the place where property is situated

law of the place where will is executed

12. When “X” executed his will, he named as sole heirs to his entire estate 0/2
amounting to P 1.8 Million his three legitimate children (A, B and C), his spouse
(W), his illegitimate child (“I”) and his friend (F). In his will, he also stated that in
case any of his designated heirs repudiate the inheritance, their children shall
substitute for them. C repudiated his inheritance and he has two children, O
and P. How much shall be the share of W in the entire estate?

300,000

460,714

375,000

475,714
13. In Question No. 12, what will happen to the share of C as compulsory heir? 2/2

It shall go to his children (O and P) by representation

It shall go to A and B by accretion, in equal shares.

It shall go to A, B, W and I by accretion, in equal shares.

It shall be distributed to the legal heirs of X.

14. In Question No, 12, assuming that X prohibited W from contracting another 2/2
marriage as a condition to be entitled to her inheritance and W violated the
prohibition, which of the following statements is correct?

W is entitled to her entire inheritance because the prohibition is not valid.

W will be required to return her share of the inheritance as a voluntary heir.

W will be required to return her entire share of the inheritance because the prohibition
is valid.

W never became entitled to any share of the inheritance because she violated the
prohibition.

15. In Question No. 12, how much is the entire share of I? 0/2

P267,857

P225,000

P262,500

P300,000
16. Who has no right to represent in the following situations? 0/2

A. A grandchild who renounces his inheritance from his father, who predeceased the
decedent (the grandfather).

B. A legitimate descendant of an illegitimate child, who predeceased his parent (the

decedent).

C. A legitimate descendant of a legitimate child, who predeceased his parent (the

decedent).

Both A and C.

17. A was the child of F and M, who were not married to each other when A 0/2
was conceived. F and M subsequently married each other without a marriage
license on the strength of a falsified affidavit of cohabitation. After the
marriage, they executed an Affidavit of Legitimation of A. A thereafter
married B, with whom he had no child. But A had child with B's best friend, C.
A did not sign the birth certificate of the child, X, but he was the one who
registered said birth certificate in the civil registry. Upon the death of A, he
was survived by F, M, B, X and C. If the estate of A is P1.2 Million, how much is
the legitime of X?

None

300,000

600,000

400,000
18. “A” executed a will containing the following disposition: “I bequeath the 0/2
parcel of land located in Makati to my relatives, in equal shares.” Said property
is the only property in A’s estate. The surviving relatives of “A”, aside from his
wife (W), are the following: his brother, “B;” his nephews, C and D, who are
children of his deceased sister, E; his first cousins X and Y. Which of the
following statements is correct?

The institution is invalid because it is favor of unknown persons; hence, 1/2 of the
estate goes to W and other half goes to B, in his own right, and C and D, by
representation.

The institution is invalid because W was pretreated; hence, 1/2 of the estate goes to
W and other half goes to B, in his own right, and C and D, by representation.

The institution is valid but the legitime of W shall not be impaired; hence, 1/2 of the
estate goes to W as her legitime and other 1/2 goes to B, in his own right and C and D,
by representation.

The institution is valid but the legitime of W shall not be impaired; hence, 1/2 of the
estate goes to W as her legitime and other half goes to B, by proximity.

19. X died, survived by his two legitimate children (A and B) and his spouse, W. 2/2
The value of his estate at the time of his death is 4 Million. However, the claims
against his estate based on obligations incurred by him during his lifetime
amounted to 1 Million. During his lifetime, he also made two donations: (1) 1.5
Million to his child, A, and (2) 1.5 Million to his friend, F. In his will, he instituted
as sole heirs A and B only. Which of the following statements is correct?

a. The institution of heir is entirely annulled.

b. F can be compelled to return the amount of P1.5 Million because it is inofficious.

c. The remainder of the estate, after payment of obligations, shall be distributed

equally between A and B.

d. The remainder of the estate, after payment of obligations, shall be divided equally
between B and W.
20. In his will, X named three (3) of his four children, A, B and C, as his sole 2/2
heirs, together with his wife, W. He intentionally left out his other child, D,
because he did not approve of the latter’s life style, as explained in his letter to
his wife. At the time of his death, X’s net estate was P1.2 Million. A, however,
predeceased X, but he was survived by his child, M. B repudiated his share of
the inheritance, but he has a child, N. C is incapacitated to inherit from X, but
he too has a child, O. In the above problem, what will happen to the share of B
as a voluntary heir?

a. It will pass to his child, N, by right of representation.

b. It will pass to his co-heir, W, by right of accretion.

c. It will pass to his co-heirs, A, C and W, in equal shares, by right of accretion.

d. It will pass to the legal heirs of X, by way of intestate succession.

21. In Question No. 20 , how much is the total share of W in the estate? 2/2

P637,500

P600,000

P262,500

P300,000
22. In Question No. 20, how much is the total share of M? 2/2

P150,000

P262,500

P300,000

P187,500

23. In his will, the testator bequeathed a parcel of land located in Makati City 2/2
in favor of his sister, “S.” In his will, the testator prohibited S from disposing
the said property during her lifetime and directed the transmission of the
same to “I,” the illegitimate child of S. Aside from S, the testator was survived
by other siblings, “A” and “B.” Which of the following statements is correct?

a. The testamentary disposition directing the delivery of the property to “I” upon the
death of S is prohibited by the barrier rule.

b. During the lifetime of S, “I” cannot dispose of the subject property.

c. This is a valid fideicommissary substitution.

d. The testamentary provision prohibiting S from disposing the subject property is

valid only for a period of 20 years should S live for more than 20 years.
24. In reserva troncal, which of the following statements is NOT true? 2/2

a. The Reservatario inherits from the Propositus as the latter’s legal heir.

b. The Reservatario is not required to be living at the time of the death of the
Propositus.

c. The Reservista can dispose of the reservable property (the reserva) thru disposition
mortis causa.

d. There is no reserva troncal even if the Propositus was survived only by his
illegitimate descendant.

25. In which of the following situations is the succession per capita and not 0/2
per stirpes?

a. As to the share of the grandchildren, when all the children of the deceased had
repudiated their inheritance.

b. As to the share of the grandchildren, when all the children of the deceased had
predeceased him.

c. As to the share of nephews and nieces, when all the brothers and sisters of the
decedent are incapacitated to inherit from the decedent.

Both A and C.

All of the above.

26. In 2001, Dulay donated a parcel of land to the Department of Education 2/2
subject to the condition that the latter should construct a public school
building thereon. After the donation, DepEd constructed a school building in
another lot in 2008 and the donated property remained idle. In 2017, the Heirs
of Dulay filed a complaint for the revocation of the donation on the ground of
failure to comply with the condition imposed. Which of the following
statements is incorrect?

a) The donation is subject to a resolutory condition, that is, the construction of a

school building thereon.

b) The action is already barred by prescription since it was filed more than 4 years
from the accrual of the cause of action in 2008.

c) The prescriptive period for the revocation of the donation is not 4 years but 10
years from the expiration of the period within which the done must comply with the
condition.

d) The property should be reverted back to the Heirs of Dulay because more than a
reasonable period has already been allowed to the donee to comply with the condition
and yet it failed to do so.

27. In which of the following situations will the impossible condition render the 0/2
transaction or act void?

a. If the impossible condition is attached to a pure donation.

b. If the impossible condition is attached to a remuneratory donation.

c. If the impossible condition is attached to an onerous donation.

d. If the impossible condition is attached to a testamentary disposition.

28. Which of the following is not a derivative mode of acquiring ownership? 2/2

Donation

Acquisitive Presctiption

Tradition

Succession

29. In the following situations, the act of the LGU is not valid except: 2/2

a. An ordinance prohibiting the operation of sauna parlors, massage parlors and

motels in the ErmitaMalate area.

b. An order of a municipal mayor for the closure of a smoked fish factory because of
the foul odor it emits.

c. An ordinance prohibiting the operation of bus and jeepney terminals within the city
and allowing a single terminal outside the city proper.

d. An order of a municipal mayor for demolition of a building because of failure to

obtain building permit.
30. Which of the following easements may not be acquired by way of 2/2
prescription?

a. Easement of aqueduct.

b. Easement of light and view

c. Easement of right of way

d. Easement of drainage of waters.

e. Both A and C.

31. Which of the following statements is incorrect? 2/2

a. An acknowledgment of the easement is an admission that the property belongs to

another.

b. Easement consists in the limited use and enjoyment of another's property but
without possession.

c. It is legally impossible to impose and easement over another easement.

d. Easement is also a real property.

e. None of the above.

32. In usufruct, which of the following statements is incorrect? 0/2

a. It is a right that may be constituted over a corporeal object or a right.

b. It may be constituted over a consumable thing or over a non-consumable.

c. The naked owner retains the power to mortgage the property in favor of a third
person.

d. The usufructuary has the right to impose a voluntary easement upon the property
subject natter of the usufruct.

e. None of the above.

33. A, who was unaware of the boundary of his property, encroached upon a 0/2
portion of the land owned by B when he introduced additional improvement
on the property. The new structure which he constructed was entirely
occupying the portion of the land belonging to B. When he was shown a copy
of the land survey of the adjacent lot owned by B on September 17, 2019, A
realized the mistake he committed but A nonetheless continued to occupy
such portion of B's property. On July 17, 2020, B notified A that he wanted to
appropriate the new structure constructed by the latter. Which of the
following statements is not correct?

A is a builder in good faith notwithstanding the fact that the boundary of his property
is described in the certificate of title.

A is liable to pay reasonable rent to B from September 17, 2019 up to July 16, 2020.

Starting July 17, 2020 up to the payment of the value of the improvement, A is entitled
tor remain on the encroached area.

Should B fail to pay the value of the improvement, A can file an action for collection of
sum of money against him.

None of the above.

34. A possessor in good faith is entitled to the following rights, except: 2/2

a. Refund of the necessary expenses.

b. Limited right of remotion should the lawful possessor choose not to appropriate
the useful improvement.

c. Refund of expenses for purely luxury.

d. Limited right of remotion should the lawful possessor choose not to appropriate
the ornament.

e. None of the above

35. In the following situations, the lawful possessor or owner may prevent the 2/2
removal of the improvement except:

a. Right of removal by the usufructuary of useful improvement.

b. Right of removal by lessee of useful improvement.

c. Right of removal by lessee of ornamental improvement.

d. Right of removal by possessor in bad faith of ornamental improvement.

e. Right of removal by possessor in good faith of useful improvement.

36. The exercise of right of removal in the following situations is a limited right 0/2
of removal, meaning it cannot be exercised when it will cause injury to the
principal, except:

a. Right of removal by the usufructuary of useful improvement.

b. Right of removal by lessee of useful improvement.

c. Right of removal by lessee of ornamental improvement.

d. Right of removal by possessor in bad faith of ornamental improvement.

e. Right of removal by possessor in good faith of useful improvement.

37. The Government is thinking of selling large tracts of agricultural lands 2/2
which are part of the lands of the public domain. Hence, the Executive branch
declared said property to be alienable and disposable thru an executive
issuance. Thereafter, the President ordered the sale of said land, without the
prior consent of Congress. X opposed the sale of the land on the ground that
the property is public dominion and the sale was without an enabling law.
Choose the best answer.

a) A law is not required to convert said property into patrimonial, hence, it can now be
sold.

b) It cannot be sold without an enabling law, even if the property is now patrimonial.

c) It can be sold even without an enabling law for the same is not required and the
property is now patrimonial.

d) It cannot be sold because the property remains to be of public dominion.

e) None of the above

38. Wanting to put up a printing business, Diego rented a building and 2/2
borrowed from the bank to purchase machines for use in his business. The
loan was secured by a recorded chattel mortgage over the same machines
that Diego purchased. In the lease contract between Diego and his lessor,
there was a provision there that all machines that will be introduced by the
lessee upon the premises shall belong to the lessor upon the termination of
the lease contract. The said contract was not registered in the registry of
property. After the termination of the lease contract, the bank caused the
seizure of the machines thru a writ of replevin, which was preparatory to the
foreclosure of the chattel mortgage because Diego failed to pay his loan.
Both Diego and the lessor questioned the propriety of the seizure on the
ground that the machines were real property under paragraph 5 of Article 415
of the Civil Code. Choose the best answer.

a) The seizure is valid, both as to Diego and the lessor, under the principle of estoppel.

b) The seizure is not valid, because the property was real under paragraph 5 of Article
415, the lessee having acted merely as the agent of the lessor-owner when he placed
the machines inside the premises.

c) The seizure is valid because the machines remained personal property, as far as
the bank is concerned because it had no knowledge of the agreement between Diego
and his lessor.

d) The seizure is not valid, because it is no longer the property of Diego at the time of
the seizure.

e) None of the above.

39. Spouses Emilio and Francesca purchased a vacant lot from a developer 2/2
payable in installments under a contract to sell. Prior to the full payment of the
purchase price, they borrowed from Anton, upon the security of a chattel
mortgage over the house which they constructed on the land. The Register of
Deeds allowed the registration of the contract in the chattel mortgage
registry. After three years, the spouses defaulted on their loan and Anton
foreclosed the mortgage. The spouses are questioning the validity of the
foreclosure on the ground that the mortgage is void. Choose the best answer.

a) It is valid because the agreement of the parties made the subject matter of the
chattel mortgage a personal property.

b) It is not valid because the Register of Deeds should not have registered the chattel
mortgage contract in the first place.

c) It is valid because the spouses are prevented from questioning the validity of the
mortgage and the foreclosure upon the principle of estoppel.

d) It is not valid because a building is always an immovable property and cannot be

the subject matter of a chattel mortgage.

e) None of the above.

40. The River Maya used to run only in the estate of Bamboo, but forty years 2/2
ago the river changed its course due to natural causes and since then
traversed the estate of Rico, leaving the old bed attached to the estate of
Bamboo dried. Since then, Bamboo had been cultivating the abandoned bed
and claimed ownership over the same. He even had it declared, for taxation
purposes, under his name. Just recently, the grandchild of Rico, who is a law
student, lectured Rico about accession and told him that he is the owner of
the abandoned bed and not Bamboo. Choose the best answer.

a) Rico may successfully recover the abandoned bed from Bamboo because he
learned of his right over it only recently.

b) Rico may no longer recover the property from Bamboo because the latter had
already acquired ownership over it thru acquisitive prescription.

c) Rico may successfully recover the abandoned bed from Bamboo because the latter
is a possessor in bad faith who may not, therefore, acquire ownership over the area.

d) Rico may not recover the property from Bamboo, but he can compel the latter to
buy the same from him.

e) None of the above.

41. Kat and Jacob had been validly married to each other and were blessed 2/2
with two children, one a minor and the other had just attained majority age.
Prior to Jacob’s death, Kat had been having illicit relations with a married man
and who got her pregnant. Three months after Jacob’s death, Kat gave birth
to the child whom she registered under Jacob’s surname. The eldest child of
Kat and Jacob filed an action impugning the newly-born child’s legitimacy
three months after the birth of the child using the result of DNA test. Choose
the best answer.

a) Action will not prosper because the right to impugn is strictly a personal right of the
deceased husband.

b) Action will prosper because the petitioner has the personality to file the action, the
filing is within the prescriptive period and the evidence to be used is competent to
prove non-paternity.

c) Action will not prosper because if the evidence to be used is the result of DNA test,
the action is required to be filed during the lifetime of Jacob.

d) Action will prosper because the status of the child may even be questioned by the
petitioner by way of collateral attack during the settlement of the estate of the
deceased Jacob.

e) None of the above.

42. Believing his spouse to be dead after seven years of absence, Emil 2/2
obtained a judicial declaration that his absentee spouse was presumptively
dead. Thereafter, Emil made arrangements for his wedding to Arianne. Prior to
the wedding and by reason of said wedding, Emil gifted Arianne with an
expensive car and the two were given a condo unit by the rich uncle of
Arianne. While Emil and Arianne were in Boracay prior to their wedding, they
bumped into the absentee spouse of Emil who, they were told, was no longer
interested in going back to Emil. Thus, the wedding of Emil and Arianne
pushed through. What will happen to the donations proper nuptias if the
marriage of Emil and Arianne is terminated?

a) Both are revoked by operation of law.

b) Both are merely revocable, at the instance of their respective donors.

c) The donation of the uncle is revocable, at the instance of the latter, while the
donation of Emil is revoked by operation of law.

d) The donation of the uncle is revoked by operation of law, while the donation of Emil
is revocable at his instance.

e) None of the above.

43. The marriage of Rico and Trisha was declared void on the ground that the 2/2
former was psychologically incapacitated. Custody over their only child, four
years old, was given to Trisha. Trisha married Andrew, an American artist
based in New York. Andrew filed a petition in our Family Court for the
adoption of Tisha’s child, after obtaining Rico’s consent. Choose the best
answer.

a) The adoption will not prosper because both the spouses must jointly adopt.

b) The action will definitely prosper because joint adoption is not mandatory for
spouses and Andrew is not required to be a resident of the Philippines.

c) The adoption will not prosper because Andrew is not a resident of the Philippines.

d) The adoption may prosper because joint adoption is not necessary and the
requirement of residency may be waived in this case.

e) None of the above.

44. Prior to the celebration of the marriage, the groom was not aware that the 2/2
bride was already pregnant by another man. On the part of the bride, she was
not aware that at the time of the wedding the groom was suffering from
mental insanity. They discovered each other’s secret at the same time after
the marriage, during which time the man was already cured of his mental
sickness, but both chose to remain quiet and they went on living as husband
and wife for another year. After a year, the man filed an action for the
annulment of the marriage on grounds of fraud and insanity, which was
opposed by the woman on the ground of pari delicto. Choose the best
answer.

a) The annulment will not prosper because both give grounds for annulment.

b) The annulment will prosper because in pari delicto is not a defense in annulment.

c) The annulment will not prosper because the defects of the marriage had already
been ratified.

d) The annulment will prosper because the petitioner was the proper party for both
grounds of fraud and insanity.

e) None of the above.

45. Ana, a Filipino citizen, went to the USA and got married to a naturalized 2/2
American citizen, who used to be a Filipino citizen several years prior to the
marriage. The marriage was merely for convenience to enable Ana to legally
stay in the USA. But the parties did not live together. After a year, Ana decided
to return to the Philippines but she first obtained a decree of absolute divorce
from one of the courts in New York. In her passport, Ana is still using the
husband’s name, but she is wondering if she can drop the husband’s surname
and resume the use of her maiden name. Choose the best answer.

a) Yes, Ana can do that because she is already divorced from her American husband.

b) No, because the divorce that she obtained is not recognized as valid in the
Philippines.

c) Yes, because the wife is not obligated to make use of the husband’s surname.

d) Not yet, because Ana must first petition the local court for the recognition of the
decree of absolute divorce.

e) None of the above.

46. In Question No. 45, assuming that Ana and her husband had a child, who is 2/2
now six years old. After Ana was granted sole custody in the divorce
proceedings that she filed, Ana and her husband entered into an agreement
providing for joint custody over the child. But after the execution of the
agreement, Ana brought the child to the Philippines and refused to honor the
agreement. Thus, the American husband filed an action before our court for
the enforcement of the agreement. Choose the best answer.

a) Action will not prosper because the American is no longer the husband of Ana.

b) Action will prosper because the parties are still married to each other under
Philippine law.

c) Action will not prosper because the agreement for joint custody is void.

d) Action will prosper because the agreement is the law between the parties.

e) None of the above.

47. In Question No. 45, assuming that it was the American husband who 0/2
obtained the decree of absolute divorce. After which, he went to the
Philippines and fell in love with another Filipino citizen. Desiring to marry the
citizen of the Philippines, he registered the decree of absolute divorce in the
Philippine civil registry to prove that his marriage to Ana had already been
dissolved. While the civil registry registered the decree of absolute divorce,
he was advised to file an action in the local court to seek authorization to re-
marry, which he did. The action was filed before the Family Court. Choose the
best answer.

a) Action will not prosper because the American has no right to seek authorization to
re-marry from our courts.

b) Action will prosper because the same is explicitly authorized by the second
paragraph of Article 26 of the Family Code.

c) Action will not prosper because the registration of the decree in the civil registry is
already sufficient to prove that he has the legal capacity.

d) Action will prosper, but the court can only recognize the decree of divorce but not
authorize him to re-marry.

e) None of the above.

48. In the following situations, the sale is not entirely void except: 0/2

a. Without liquidating the conjugal partnership within 1 year from death of spouse, the
surviving spouse sold a property belonging to the conjugal partnership without the
consent of the common children.

b. The wife donated a conjugal partnership property to a grandchild who sold the
same to a third person but the wife had already died when the husband learned of the
donation made without his consent.

c. A co-owner sold a definite or concrete portion of the co-owned property without the
consent of the other co-owners.

d. A co-owner sold the entire co-owned property without the consent of the other co-
owners.

e. None of the above.

49. Which of the following is an exclusive property in the regime of absolute 2/2
community of property?

a) The house and lot inherited by the groom from his deceased parents prior to the
marriage.

b) Expensive jewelries donated by the wife’s grandmother to her during the marriage.

c) Jewelries purchased by the bride for her exclusive use prior to the celebration of
the marriage.

d) A condo unit acquired by the groom prior to the marriage and the latter had a child
born out of wedlock.

e) None of the above.

50. Pedro and Maria, appearing to be both capacitated to marry each other, 0/2
cohabited as husband and wife for a period of three years without the benefit
of marriage. During their cohabitation, Pedro acquired a house and lot in
Paranaque, a rest house in Tagaytay and two cars thru his earnings. Maria, on
the other hand, simply took care of the family and remained as a plain
housewife. Maria gave birth twice during their cohabitation and the children
were named Francesca and Miel. In the birth certificate of Francesca, Pedro
was the one who supplied the information regarding his paternity over the
child except that he was not able to sign the formal document embodying the
Certificate of Live Birth. He was, however, able to sign the birth certificate of
Miel where he likewise recognized his paternity over the child. After three
years of cohabitation, Pedro and Maria decided to separate. At the time of
their separation, Francesca was three years old while Miel was two years old.
Which of the following statements is not correct?

a) The property regime of Pedro and Maria during their cohabitation was that of co-
ownership under Article 147 of the Family Code.

b) Had Pedro sold his resthouse in Tagaytay during the cohabitation, the transaction
is not valid if the same was made without the consent of Maria.

c) Should the two fight for the custody of the minor children, the custody of the
children shall be awarded to Maria.

d) Both Francesca and Miel are entitled to use the surname of Pedro.

e) None of the above.

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